Order of the Court of First Instance of 18 October 2007 – Ristic and Others v Commission

(Case T-238/07 R)

Interim measures – Application for stay of execution – Directive 96/23/EC – Lack of urgency – Balance of interests

1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 42-43)

2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 48-50)

3.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Balancing of all the interests involved – Meaning (Arts 242 EC and 243 EC) (see paras 72-74)

Re:

APPLICATION for stay of execution of Commission Decision 2007/362/EC of 16 May 2007 amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (OJ 2007 L 138, p. 18).

Operative part

1.

The application is dismissed.

2.

Costs are reserved.